HomeBillsBill 56

📜 Aboriginal Cultural Heritage Bill 2021

Assented toLABill 5617 November 2021

The Aboriginal Cultural Heritage Bill 2021 repeals the Aboriginal Heritage Act 1972 and the Aboriginal Heritage (Marandoo) Act 1992, establishing a new framework for the protection and management of Aboriginal cultural heritage in Western Australia.

Impact

Aboriginal people, landowners, and businesses undertaking activities that may impact Aboriginal cultural heritage will be affected. It aims to empower Aboriginal people in the management of their heritage and create a balanced approach to development.

Key Changes

["Repeals the Aboriginal Heritage Act 1972.", "Establishes the Aboriginal Cultural Heritage Council.", "Creates local Aboriginal cultural heritage services."]

Parliamentary Progress

  1. LA Consideration in DetailLA17 Nov 2021
  2. LA Second Reading MovedLA17 Nov 2021
  3. LA Second Reading AgreedLA17 Nov 2021
  4. LA IntroducedLA17 Nov 2021
  5. LA Third ReadingLA23 Nov 2021
  6. LC Second Reading MovedLC30 Nov 2021
  7. LC Second Reading AgreedLC9 Dec 2021
  8. LC Third ReadingLC14 Dec 2021
  9. Royal Assent22 Dec 2021
Affected Sectors
indigenousminingplanningenvironmentlocal_government

Penalty Provisions14 found

💰 Max fine: $1,000,000🔒 Max imprisonment: 5 yearscriminal · regulatory
133Criminalfine

Contravention of conditions on an ACH permit

Fine: $100,000

A person must not contravene a condition on an ACH permit. Penalty: a fine of $100 000.

173Criminalfine

Contravention of conditions on an approved or authorised ACH management plan

Fine: $100,000

A person must not contravene a condition on an approved or authorised ACH management plan. Penalty: a fine of $100 000.

183Criminalboth

Compliance with stop activity order

Fine: $1,000,000Imprisonment: 5 years

A person to whom a stop activity order is given must comply with the order. Penalty: a fine of $1 000 000 and imprisonment for 5 years.

190Criminalboth

Compliance with prohibition order

Fine: $1,000,000Imprisonment: 5 years

A person to whom a prohibition order is given must comply with the order. Penalty: a fine of $1 000 000 and imprisonment for 5 years.

196Criminalfine

Compliance with remediation order

Fine: $1,000,000

A person to whom a remediation order is given must comply with the order. Penalty: a fine of $1 000 000.

33Criminalfine

Impersonating a member of the ACH Council

Fine: $10,000

A person must not impersonate a member of the ACH Council. Penalty: a fine of $10 000.

52Regulatory

Contravention of funding conditions for local ACH services

If a local ACH service contravenes a condition of funding, the ACH Council may — (a) suspend or cancel the funding; or (b) require the local ACH service to repay all or part of the funding.

61Criminalboth

Disturbing or removing Aboriginal ancestral remains

Fine: $100,000Imprisonment: 2 years

A person must not disturb or remove Aboriginal ancestral remains. Penalty: a fine of $100 000 and imprisonment for 2 years.

67Criminalboth

Selling or removing secret or sacred objects from the State

Fine: $100,000Imprisonment: 2 years

A person must not sell or remove a secret or sacred object from the State. Penalty: a fine of $100 000 and imprisonment for 2 years.

88Criminalfine

Contravention of conditions on a protected area order

Fine: $100,000

A person must not contravene a condition on a protected area order. Penalty: a fine of $100 000.

92Criminalboth

Serious harm to Aboriginal cultural heritage

Fine: $1,000,000Imprisonment: 5 years

A person must not cause serious harm to Aboriginal cultural heritage. Penalty: a fine of $1 000 000 and imprisonment for 5 years.

93Criminalfine

Serious harm to Aboriginal cultural heritage, including by accident

Fine: $500,000

A person must not cause serious harm to Aboriginal cultural heritage, including by accident. Penalty: a fine of $500 000.

94Criminalfine

Material harm to Aboriginal cultural heritage

Fine: $250,000

A person must not cause material harm to Aboriginal cultural heritage. Penalty: a fine of $250 000.

95Criminalfine

Harm to Aboriginal cultural heritage

Fine: $100,000

A person must not cause harm to Aboriginal cultural heritage. Penalty: a fine of $100 000.

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